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Prosecutors wanted 3rd degree murder as

Prosecutors wanted 3rd degree murder as a lesser included due to TM’s age, but didn’t get it. Read this from the AP:

Prosecutors began their closing arguments after the judge presiding over the trial ruled that jurors can consider the lesser charge of manslaughter, but she denied a request for the jury also to consider third-degree murder after a defense attorney called the proposal “outrageous.”

Prosecutor Richard Mantei argued that instructions for third-degree murder should be included on the premise that Zimmerman committed child abuse when he fatally shot 17-year-old Trayvon Martin because Martin was underage.

But defense attorney Don West called the proposed instruction “a trick,” and he accused the prosecutor of springing it on the defense at the last minute.

“Just when I didn’t think this case could get any more bizarre, the state is alleging child abuse?” West said. “This is outrageous. It’s outrageous the state would seek to do this at this time.”

Judge Debra Nelson denied the third-degree murder instruction, saying she was exercising caution since she was unsure if prosecutors could prove intent.

“I just don’t think the evidence supports that,” Nelson said.

The judge, however, agreed with the prosecution that jurors could consider manslaughter as a lesser charge.

West said he wanted the six jurors to only consider the second-degree murder charge or not guilty.

“The state has charged him with second degree murder. They should be required to prove it,” West said. “If they had wanted to charge him with manslaughter … they could do that.”